1

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF NEW YORK
BUFFALO DIVISION


SLAB-PRO INC.,
Plaintiff,
v.
MAX PROTECTION LLC,
Defendant.

CASE NO.
COMPLAINT

JURY TRIAL DEMANDED


Plaintiff Slab-Pro, Inc. (hereinafter Plaintiff) for its Complaint against Max Protection
LLC (hereinafter Defendant) alleges as follows:
PRELIMINARY STATEMENT
1. This is an action for design patent infringement under federal law.
PARTIES
2. Plaintiff is a New York corporation with a principal place of business at 3844 Hill
Road, North Tonawanda, New York 14120.
3. Plaintiff is in the business of marketing, offering for sale, and the sale of
protective covers for books, including comic books.
4. On information and belief, Defendant is a limited liability company organized
under the laws of Washington with a principal place of business at 5862 S. 194th St., Kent,
Washington 98032.
5. On information and belief, Defendant is in the business of marketing, offering for
sale, and the sale of protective covers for comic books.

Case 1:14-cv-00496 Document 1 Filed 06/23/14 Page 1 of 5
2
JURISDICTION AND VENUE
6. This Court has subject matter jurisdiction pursuant to 28 U.S.C. 1331, 1338,
because this action arises under the patent laws of the United States, 35 U.S.C. 1 et seq., and
is hereinafter more fully described.
7. Venue is proper in this district pursuant to 28 U.S.C. 1391 and 1400(b).
8. Defendant has committed and continues to commit acts of infringement in
violation of 35 U.S.C. 271, and infringing products are sold in the State of New York, including
in this District.
BACKGROUND
9. Plaintiff is in the business of marketing, offering for sale, and selling the Slab-
Pro, which is a silicon rubber graded comic protector designed to protect the border of a comic
book case without diverting attention from the comic or grading label.
10. On October 4, 2011, the United States Patent and Trademark Office duly and
lawfully issued U.S. Design Patent No. D646,322 (the D322 Patent). Plaintiff is the owner by
assignment of all right, title, and interest in the D322 Patent. A true and correct copy of the
D322 patent is attached hereto as Exhibit A.
11. Plaintiffs ownership of the D322 Patent includes, without limitation, the right to
enforce the D322 Patent and the right to recover damages, including past damages, for
infringement of the D322 patent and the right to injunctive relief.
12. Defendant has offered for sale and/or sold in the United States a product, the
Graded Comic Slab Defender, with a design disclosed and claimed by the D322 patent and
infringes the patent.
Case 1:14-cv-00496 Document 1 Filed 06/23/14 Page 2 of 5
3
13. Defendants infringing Graded Comic Slab Defender is available for purchase
on Defendants website, which is accessible and directed to consumers in this District as well as
directly through retail outlets in this District.
14. Defendant does not have any license or authorization to offer to sell or to sell
products with a design disclosed and claimed by the D322 Patent.
15. Defendant has infringed and continues to infringe the D322 Patent by selling
and/or offering to sell the infringing products without Plaintiffs authorization or license.
16. Defendant has sold and continues to sell products bearing the design disclosed
and claimed in the D322 Patent. Plaintiff directly provided Defendant notice of its infringement
in writing on or about November 26, 2013 by letter and Defendant acknowledged receipt of this
letter.
17. On information and belief, Defendant has derived and received, and will continue
to derive and receive gains, profits, and advantages from the aforesaid acts of infringement in an
amount that is not presently known to Plaintiff. Plaintiff has been damaged by Defendants
infringing acts.
18. Plaintiff has suffered and continues to suffer irreparable injury, for which Plaintiff
has no adequate remedy at law.
COUNT I
PATENT INFRINGEMENT (35 U.S.C. 271)
19. Plaintiff repeats each and every allegation set forth herein in the preceding
paragraphs as though fully set forth herein.
20. Defendant has infringed and continues to infringe the D322 Patent by using,
selling and/or offering to sell in the United States the Graded Comic Slab Defender, which
embodies the design disclosed and claimed by the D322 Patent.
Case 1:14-cv-00496 Document 1 Filed 06/23/14 Page 3 of 5
4
21. Defendant has been put on notice, in writing, of its infringing acts, yet willfully
continues to sell the infringing product.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays for relief, as follows:
A. A judgment that Defendant has willfully infringed Plaintiffs asserted patent
under 35 U.S.C. 271;
B. An order and judgment preliminarily and permanently enjoining Defendant and
its officers, directors, agents, servants, employees, affiliates, attorneys, and all others acting in
concert or participation with Defendant, from directly or indirectly infringing the D322 Patent;
C. A judgment awarding Plaintiff all damages adequate to compensate for
Defendants infringement of the D322 Patent, and in no event less than a reasonable royalty for
Defendants acts of infringement, including all pre-judgment and post judgment interest at the
maximum rate permitted by law;
D. A judgment awarding Plaintiff all damages, including treble damages, based on
any infringement found to be willful, pursuant to 35 U.S.C. 284, together with prejudgment
interest;
E. Actual damages suffered by Plaintiff as a result of Defendants unlawful conduct,
in an amount to be proven at trial, as well as prejudgment interest as authorized by law;
F. Costs of this action, together with reasonable attorneys fees and disbursements;
G. Any other relief that this Court deems just and proper.
DEMAND FOR JURY TRIAL
Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Plaintiff demands a trial by
jury on all issues properly triable by jury in this action.
Case 1:14-cv-00496 Document 1 Filed 06/23/14 Page 4 of 5
5
RESPECTFULLY SUBMITTED this 23rd day of J une 2014.


s/ Dariush Keyhani
Dariush Keyhani
Richard M. Scherer, J r.
Lippes Mathias Wexler Friedman LLP
665 Main Street, Suite 300
Buffalo, NY 14203
Tel: (716) 853-5100
Fax: (716) 853-5199
Direct Dial: (716) 898-8938
dkeyhani@lippes.com
rscherer@lippes.com

ATTORNEYS FOR PLAINTIFF
SLAB-PRO, INC.





Case 1:14-cv-00496 Document 1 Filed 06/23/14 Page 5 of 5
Case 1:14-cv-00496 Document 1-1 Filed 06/23/14 Page 1 of 8
Case 1:14-cv-00496 Document 1-1 Filed 06/23/14 Page 2 of 8
Case 1:14-cv-00496 Document 1-1 Filed 06/23/14 Page 3 of 8
Case 1:14-cv-00496 Document 1-1 Filed 06/23/14 Page 4 of 8
Case 1:14-cv-00496 Document 1-1 Filed 06/23/14 Page 5 of 8
Case 1:14-cv-00496 Document 1-1 Filed 06/23/14 Page 6 of 8
Case 1:14-cv-00496 Document 1-1 Filed 06/23/14 Page 7 of 8
Case 1:14-cv-00496 Document 1-1 Filed 06/23/14 Page 8 of 8